Brooktrails must enact Measure D based on appeals ruling

The California Court of Appeals First Appellate Division handed down a decision June 26, reversing a Mendocino County Superior Court ruling which had prevented Brooktrails Measure D from taking effect. Brooktrails voters passed Measure D by a vote of 737 to 537 in November 2010.

Measure D was designed to prevent Brooktrails from collecting base water and sewer rates from customers who had their water turned off. The district opposed the measure because its passage would allow banks and other foreclosure groups not to pay any base fees, raising the costs for those still connected to the utilities.

Brooktrails successfully argued at the county level the passage of Proposition 26 in the same election invalidated its election result, since Measure D passed with only a simple majority. Prop. 26 established a new standard requiring a super majority of voters approve raising any fees or charges which are not directly linked to an individual's benefit.

The township claimed this change in fees was shifting the costs from one group (non-paying property owners) to another group (paying property owners). Brooktrails claimed, and Mendocino County Judge John Behnke ultimately agreed, this needed a minimum of two-thirds of the votes to pass. At the time of the appeal Brooktrails estimated the measure would increase the average utility bill for each Brooktrails household by about $75 per year.

The appeals court overturned the Superior Court ruling, opining that Prop. 26 did not apply retroactively to this measure. It ruled Prop. 26 took effect the day after the Measure D election and the proposition had no intent or wording to suggest it was meant to be applied retroactively.

The actual financial impact of this change depends upon how many vacant homes are in Brooktrails at the time Measure D goes into effect. Brooktrails Counsel Chris Neary says the next steps will be for the Appeal Court to return the ruling back to the Superior Court. The Brooktrails Board of Directors will then be required to adopt Measure D.